The Bombay high court has directed the National Investigation Agency to file its reply on a petition challenging its constitutional validity. Justice A S Oka was hearing a petition filed by Malegaon blasts accused Sadhvi Pragya Singh Thakur challenging the constitutional validity of the setting up of the NIA.
The high court, while directing the NIA to file its reply within four weeks also sought to know the locus standi of the petitioner. These points would be taken up during the next course of hearing on February 4.
Rohini Salian, the NIA counsel submitted before the court that Additional Solicitor General from New Delhi, Haren rawal would appear in this case during the next date of hearing.
Singh had challenged the Constitutional validity of the NIA, which was constituted by the Union government to probe all cases pertaining to terrorism.
In the petition, the question that has been sought to be answered is regarding the legislative competence of Parliament to enact such a law constituting the NIA. The question is that law and order is the exclusive subject of a State government and the same has been mentioned in the Constitution of India as well.
When asked, Ganesh Sovani, advocate for the Sadhvi said that law and order is the exclusive subject of the state as per List II of the Seventh Schedule of the Constitution of India.